Hart v Commissioner, Australian Federal Police [2003] FCAFC 134

FEDERAL COURT OF AUSTRALIA

Hart v Commissioner, Australian Federal Police [2003] FCAFC 134 COSTS – ancillary orders – declarations as to validity of search warrants – trial judge found all parties successful in part and unsuccessful in part – "broad approach" to costs used – each party to bear own costs save those subject to express orders – on appeal trial costs orders altered – appeal resulted in substantial success for applicants at trial – joinder of non-appellant applicants to action for question of costs – certain undertakings concerning seized materials accepted by court – first to fourth respondents to pay half of first appellant's and fifth respondent's trial costs plus appeal costs of first appellant Crimes Act 1914 (Cth) s 3K, s 3L STEVEN IRVINE HART v COMMISSIONER, AUSTRALIAN FEDERAL POLICE & ORS Q 50 of 2002 FRENCH, SACKVILLE & RD NICHOLSON JJ 20 JUNE 2003 PERTH (Heard in Brisbane)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q50 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: STEVEN IRVINE HART

FIRST APPELLANT

HARTS PTY LTD (In Liquidation) (Receivers and Managers Appointed)

SECOND APPELLANT

AND: COMMISSIONER, AUSTRALIAN FEDERAL POLICE

FIRST RESPONDENT

MICHAEL JOHN MORRIS

SECOND RESPONDENT

WILLIAM JOSEPH McKAY

THIRD RESPONDENT

HENRY ALBIEZ, I. BARTLEY, DENICE BIRD, JOHN BROWN, MICHAEL BUTCHER, IVOR CHALMERS, RON C. CRAMP, PAUL DELANY, GEOFF P. EYLES, ARTHUR FADDEN, ALAN FARNELL, ANTHONY FITZSIMON, ROBERT G. GLOVER, JOHN HOPKINS, IAN HOUGHTON, MARK JAGER, STEVEN JAY, CAMERON JEFS, GEOFF JENSEN, MARIE McCARTHY, MALCOLM McKAY, JOE MANRICKS, MARK METCALF, ROBERT PENNICOTT, ALLAN PERRY, CRAIG PHILP, PETER ROBERTS, PAUL HANLEY, G. SWANSON, ALEX TEA, NEIL THOMPSON, WILLIAM VICKERS, G. WALSH, TREVOR WENZEL, BETH WILLIAMS, IAIN YOUNG